A/HRC/12/50
Monaco recalled that the jurisprudence of the Monegasque tribunals relating to labour law
demonstrated its respect for the principles elaborated by ILO.
253. Regarding the Optional Protocol to the Convention on the Elimination of
Discrimination against Women, Monaco recalled that it had been a party to the Convention
since 2005 and had shown its commitment to its ideals and values. The exercise of
fundamental values guaranteed in the Constitution could not give rise to any difference of
treatment; section III of the Constitution defined precisely all such fundamental rights and
freedoms. Women benefited from the same economic and social advantages and rights as
men. With regard to domestic violence, Monaco attached great importance to having a
specific law on this issue, a draft law having been recently adopted and to be enacted soon.
The Optional Protocol did not add any values and principles to the Convention, but its
ratification would require a review of the legal apparatus beforehand.
254. Monaco recalled that it had signed the Rome Statute of the International Criminal
Court in 1998. It had undertaken a constitutional and legislative review, which had
highlighted discrepancies between the Statute and Monegasque domestic law. This would
therefore require the revision of both the Constitution and various laws, which constituted a
large-scale reform process.
255. Regarding the Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment, the head of delegation recalled that
Monaco had only one jail, housing a yearly average of 30 detainees serving short-term
sentences. No instances of mistreatment or poor living conditions had ever been recorded or
even alleged. Therefore, the establishment of an independent visiting body did not seem
appropriate for the situation of Monaco, which would therefore not commit to it. The
definition of torture derived from the Constitution. Monaco adhered to the Convention
against Torture and was party to the International Covenant on Civil and Political Rights
(which also prohibited torture in article 7), the European Convention for the Protection of
Human Rights and Fundamental Freedoms and the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment, all of which were
integrated in domestic law. Therefore, although the law did not provide for a definition of
torture, judges may directly refer to article 1 of the Convention against Torture; acts of
torture were punished in the criminal code since 1967. Today, no instances of such
treatment were considered by the tribunals and the criminal procedure code made explicit
reference to the Convention against Torture.
256. With regard to a national human rights institution, Monaco had reopened a national
discussion after the review by the Working Group, but was not of the view that such an
institution was needed. Indeed, its responsibilities were currently performed by the human
rights cell, the Médiateur and existing rights to appeal. The Médiateur was competent for
disputes between individuals and the administration, and legal recourses were available for
any individual or corporate body residing in Monaco, without distinction based on
citizenship or wealth, and with the possibility of legal aid.
2.
Views expressed by Member and observer States of the Council on the review
outcome
257. Algeria commended the dialogue between Monaco and the Working Group. Algeria
also commended Monaco for its interest in international cooperation, notably through the
acceptance of the recommendation to increase its public aid to 0.7 per cent of its GNP by
2015. Algeria thanked Monaco for its explanation regarding its recommendation on
adhesion to ILO. Algeria commended the measures adopted by Monaco regarding the
education, health and housing of migrant workers, but considered that the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families was the most comprehensive international instrument in this regard. Although
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